Frequently Asked Questions about Construction Defects
Q: What is a construction defect?
A: A construction defect is a defect in the design, workmanship, material or condition of the land for the building site that leads to a reduction in the value and/or use of the home. Construction defects can be obvious from visible inspection, but many are hidden, or latent, defects that do not make themselves known until after a homebuyer has moved into the house.
Q: What are some types of construction defects?
A: Construction defects include leaky basements, garages and roofs; improperly installed windows, chimneys, heating and air conditioning units and electrical systems; cracked foundations, walls and infrastructure; mold, dry rot and more. Construction defect claims also can result from defects in the land chosen to build the house on, including problems with soil instability, water supply and grading.
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More than 20 percent of construction projects result in legal disputes.
Answers to Your Questions about Housing and Construction Defects
A construction defect can lead to major problems for your house or other property down the road. Taking care of the defect properly—as you are required to by law--can put a serious strain on your finances. Don’t wait to start the process of claiming compensation for your losses.
At the Snowmass Village law offices of Tester & Associates, P.C., we can help you get the compensation you may be entitled to for your losses. Contact us today for more information.
Dynamic, Persistent, Cost-Effective Legal Services
Tester & Associates, P.C. • 970-923-0215 • Snowmass Village, Colorado
Overview - Housing and Construction Defects
Oftentimes, construction defects are looming in places where homeowners cannot readily see them - in poorly constructed roofs, improperly installed central air conditioning systems, leaky basements and cracked foundations. These defects can cost homeowners thousands of dollars to fix, lower the market value of the home, and if severe enough, make the home unfit to live in.
If you believe a construction defect has impaired the value of your home, contact Tester & Associates, P.C. in Snowmass Village, Colorado, to speak with an attorney experienced in construction defect cases. He or she can evaluate your claim and help you determine the best way to pursue your case.
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Construction Defect Claims
Homeowners who have discovered a defect in their houses may pursue several different types of claims in order to recover the damages they have suffered. An experienced attorney can help determine homeowners determine which cause of action is best for their particular case.
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Defenses to Construction Defect Claims
There are several defenses defendants may assert against allegations he or she caused a construction defect in your home. It is important to be aware of the defenses and prepare your case accordingly. Below is a list of the some of the defenses that may be raised. The availability of these defenses will depend on the facts of your case and the laws of your jurisdiction.
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Implied Warranty of Habitability and Fitness
When homeowners purchase a new home, they receive certain warranties on the workmanship and suitability of the home as a residence. These warranties include the implied warranty of habitability and fitness.
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Toxic Mold Litigation
Toxic mold litigation is one of the hottest areas in construction defect claims. Not only can toxic mold damage your home, but it also can cause health problems. Removing the mold can be expensive, depending on the extent and location of the growth.
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Housing and Construction Defects Resource Links
Homeowners for Better Building
Organization that seeks to support a meaningful, long term solution to the problem of the unregulated home building industry; to encourage strict regulation and standards on the local, state and national levels; and to promote and support consumer protection and the passage of the home lemon law throughout the country.
U.S. Department of Labor Occupational Safety & Health Administration
Federal government Web site in charge of promoting safety regulations for the construction industry. Site provides link to agency's pamphlet, Selected Construction Regulations for the Home Building Industry.
Construction Specifications Institute
CSI provides technical information and products, continuing education, professional conferences and product shows to enhance communication among all disciplines of building design and construction, and to meet the industry's need for a common system of organizing and presenting construction information.
Homeowners Against Deficient Dwellings
Consumer action organization providing information on buying homes from builders, the Homeowner's Bill of Rights, home inspections and more.
Buying and Selling a Home
Resource provided by the American Bar Association with useful information on selecting real estate agents, hiring an attorney, buying a home from a builder and more.
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